The Vaslui Tribunal has recently annulled an individual dismissal decision issued during the state of alert in Romania due to formalities which had not been observed by the employer.
While the judge invested with determining the matter limited their analysis to the elements contained in the individual dismissal decision, the judicial assistant ascertained, within a competing opinion, that the dismissal decision should have been annulled for other reasons, namely for the fact that, in reality, the employer had implemented a collective redundancy process without observing the procedure and employees’ rights in the event of such dismissal.
Relying on the provisions of Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the judicial assistant has made an exhaustive analysis of the conditions required for the existence of a collective dismissal.
While the competing opinion does not have the same effect as a court ruling, it is part of the judicial procedure and, from this perspective, the independence and impartiality of all the members of the court and their obedience solely to the law is maintained.
Enjoy the full case report published by our Romanian member firm Suciu I The Employment Law Firm in the legal journal European Employment Law Cases.
European Employment Law Cases (EELC) is an academic database that publishes mainly “case reports” and summaries of recent relevant judgments by the Court of Justice EU. The case reports are English language summaries of recent judgments by courts all over Europe on issues that can be relevant to practitioners of employment law, with commentaries both by the author and by lawyers from other countries.
